WASHINGTON, Oct. 25 - A new legal opinion by the Bush administration has concluded for the first time that some non-Iraqi prisoners captured by American forces in Iraq are not entitled to the protections of the Geneva Conventions, administration officials said Monday.
The opinion, reached in recent months, establishes an important exception to public assertions by the Bush administration since March 2003 that the Geneva Conventions applied comprehensively to prisoners taken in the conflict in Iraq, the officials said. They said the opinion would essentially allow the military and the C.I.A. to treat at least a small number of non-Iraqi prisoners captured in Iraq in the same way as members of Al Qaeda and the Taliban captured in Afghanistan, Pakistan or elsewhere, for whom the United States has maintained that the Geneva Conventions do not apply.
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The administration officials did not specify exactly how decisions about an individual's status under the Geneva Conventions would be made. But they said that the factors would include nationality, affiliation with terrorist organizations and activities inside Iraq, and that the decisions would be made by American government agencies who held the individuals in their custody.
As recently as May 2004, Defense Secretary Donald H. Rumsfeld reiterated in public testimony the administration's view that "everyone in Iraq who was a military person" as well as "the civilians or criminal elements" who were detained by the American authorities would be "treated subject to the Geneva Conventions."
http://nytimes.com/2004/10/26/politics/26detain.html?hp&ex=1098763200&en=aec28bb5d2df0aa4&ei=5094&partner=homepage